REAL PROPERTY – Crown Land – Permissive Occupancy – Crown Land Management Act 2016 (NSW), s 13.1 – Crown Lands Act 1989 (NSW), ss 170(1)(d), 170(5)(b)(1) – Crown Lands (Continued Tenures) Act 1989 (NSW), s 11 – Limitation Act 1969 (NSW), ss 27, 38, 65 – claim by Crown for possession of Crown land upon which is constructed a residence which is, and has been, occupied by the defendant for 25 years – defence by defendant to claim by the Crown for possession of Crown land that the claim is statute barred on the basis that the land has been in adverse possession for over 30 years – claim by the defendant that the cottage on the land, which has been occupied by him, is a chattel owned by him which cannot be removed because it is Heritage Listed – where land was subject to a Permissive Occupancy – where defendant claims that prior occupiers were in adverse possession in respect of which he has the benefit – HELD – defendant’s claim to adverse possession is unmaintainable against the Crown by reason of s 13.1 of the 2016 Act – neither the defendant’s predecessors, nor the defendant, were in adverse possession – building not a chattel but a fixture – order for possession made

I acted for the Crown (unled) in a successful action for possession.